The right-to-speedy-disposition-of-all-cases Reporting BSE 3 MATH

1. THE RIGHT TO SPEEDY
DISPOSITION OF ALL CASES

2. “All persons shall have the
right to a speedy disposition of
their cases before all judicial,
quasi-judicial, or administrative
bodies”

3. RIGHT AGAINST IMPRISONMENT BY
REASON OF POLITICAL BELIEF AND
THE RIGHT AGAINTS
INVOLUNTARY SERVITUDE

4. “No person shall be
detained solely by
reason of his political
beliefs and aspirations”

5. “No involuntary servitude
in any form shall exist
except as a punishment for
a crime whereof the party
shall have been duly
convicted”

6. RIGHT AGAINTS EXCESSIVE FINES
AND RIGHT AGAINTS CRUEL
DEGRADING AND INHUMAN
PUNISHMENT

7. “Excessive fines shall not be imposed,
nor cruel, degrading or inhuman
punishment inflicted. Neither shall death
penalty be imposed, unless, for
compelling reasons involving heinous
crimes, the congress hereafter provides
for it. Any death penalty already imposed
shall be reduced to reclusion Perpetua.”

8. “The employment of physical,
psychological, or degrading
punishment against any prisoner or
detainee or the use of substandard or
inadequate penal facilities under
subhuman conditions shall be dealt
with by law.“

9. RIGHT AGAINST
IMPRISONMENT FOR DEBT

10. “No person shall be
imprisoned for debt or
non-payment of a poll
tax.”

11. RIGHT AGAINST DOUBLE
JEOPARDY

12. “No person shall be twice put in
jeopardy of punishment for the same
time offense. If an act is punished by
a law and an ordinance, conviction or
acquittal under either shall constitute
a bar to another prosecution for the
same act.”

13. ELEMENTS
OF
DOUBLE JEOPARDY

14. 1.VALID COMPLAINT INFORMATION
>the prosecutor of the case of an
accused must be primarily based on
a valid complaint or information.
Without which there could be no
double jeopardy.

15. 2. FILED BEFORE A COMPETENT COURT
>there could be no double
jeopardy to speak of if the court who
previously decided the case was a
court which has no jurisdiction. There
is no power to decide without
jurisdiction.

16. 3. VALID PLEA
>an accused cannot be
placed in jeopardy unless he
has pleaded to the charge
against him during
arraignment.

17. 4. THE ACCUSED MUST HAVE BEEN CONVICTED OR
ACQUITTED OR HIS CASE DISMISSED WITHOUT HIS
EXPRESS CONSENT
>as what was discussed above, after
conviction or acquittal, an accused can no
longer be prosecutor for the same exact
offense.

18. RIGHT AGAINST EX POST FACTO LAW
AND BILL OF ATTAINDER
“No ex post facto law or bill
of attainder shall be
enacted.”

19. RIGHT AGAINST
EX-POST FACTO LAW

20. The characteristics of an ex post facto law
must be cited.
These are:
1. Must refer to CRIMINAL MATTERS
2. It must be RETROACTIVE IN ITS
APPLICATION
3. It must be PREJUDICIAL TI THE
ACCUSED

21. RIGHT AGAINST A BILL OF ATTAINDER
“A bill of attainder is a
legislative act which inflicts
punishment without judicial
trial”.

22. THE RIGHT
TO
freedom of expression

23. “No law shall be passed
abridging the freedom of speech
of expression, or of the press, or
the right of the people peaceably
to assemble and petition the
government for redress of
grievances.”

24. ELEMENTS
OF THE
FREEDOM OF EXPRESSION

25. 1. FREEDOM FROM PREVIOUS RESTRAINT
> as long as the expression is
about matters of public interest, it
must be allowed and cannot be
censored.

26. 2. FREEDOM FROM PUNISHMENT
>the freedom to speak will be
an exercise of futility if the
speaker will tame his tone for he
is afraid of retaliations coming
from the persons he just criticized.

27. THE BALANCING OF INTEREST TEST
The test requires balancing. If a
situation requires immediate
curtailment of the freedom of
expression then it must be
curtailed.

28. THE RIGHT
TO
PEACEABLY ASSEMBLE

29. The people have the right to peaceably
assemble and petition the government for redress
of grievances. This is an important implement of
the right to freedom of expression. It allows the
people to group together in a peaceful manner and
converse amongst themselves regarding the
concerns they have for the public. It will also be
more effective if the people will voice their will
together compared to an individual trying to get an
audience with the government.

30. THE RIGHT TO FREEDOM OF RELIGION
“No law shall be made respecting an
establishment of religion, or prohibiting the free
exercise thereof. The free exercise and enjoyment
of religious profession and worship, without
discrimination or preference, shall forever be
allowed. No religious test shall be required for the
exercise of civil or political rights.”

31. THE
TWOFOLD GUARANTEES

32. THE NON-ESTABLISHMENT CLAUSE
The state cannot set up a church, nor
pass laws which aid one religion, and all
religion, or prefer one religion over
another, nor force nor influence a person
to go to or remain away from church
against his will or force him to profess a
belief or disbelief in any religion.

33. FREE EXERCICE CLAUSE
is also known as the FREEDOM
OF RELIGIOUS PROFESSION AND
WORSHIP. It includes the right to
believe and the right to act in
accordance to such belief.

34. NO RELIGIOUS TEST REQUIRED
It was also stated in the constitution
that no religious test shall be required
for the exercise of civil and political
rights.

35. THE LIBERTY OF ABODE AND THE RIGHT TO
TRAVEL
The liberty of abode and of changing the
same within the limits prescribed by law
shall not be impaired except upon lawful
order of the court. Neither shall the right to
travel be impaired except in the interest of
national security, public safety, or public

36. RIGHT TO FREEDOM OF INFORMATION
Section 7. Article III of the constitution explains the
people’s right to information on matter of public
concern in this manner:
Section 7. The right of the people to information on
matters of public concern shall be recognized.
Access to official records, or decision, as well as to
government research data used as basis for policy
development, shall be afforded the citizen, subject
to such limitations as many be provided by law.

37. The state of policy of full transparency in all
transactions involving public interest reinforces
the people’s right to information on matters of
public concern. This state policy is expressed
in section 28, Article II of the constitution, thus:
Section 28. Subject to reasonable conditions
prescribed by law, the state adopts and
implements a policy of full public disclosure of
all its transactions involving public interest.

38. RIGHT TO FORM ASSOCIATIONS
“The right of the people, including those
employed in the public and private sectors,
to form unions, associations, or societies
for purpose not contrary to law shall not be
abridged.”

39. THE NON-IMPAIRMENT CLAUSE
“No law impairing the obligation
of contracts shall be passed.”